# Commission Regulation (EC) No 437/2008 of 21 May 2008 amending Annexes VII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the requirements for the processing of milk and milk products defined as Category 3 material (Text with EEA relevance), Annex

Extent: E+W+S+N.I.

Regulation (EC) No 1774/2002 is amended as follows:
(1) In Annex VII, Chapter V is replaced by the following:
‘CHAPTER V
Specific requirements for milk, milk products and colostrum
The following conditions apply in addition to the general conditions laid down in Chapter I.
A.
Processing standards
1.
Milk must be subjected to one of the following treatments:
1.1. sterilisation at an F0 value of three or more;
1.2. UHT combined with one of the following:
(a) a subsequent physical treatment, by:
(i) a drying process, combined in the case of milk intended for feeding with additional heating to 72 °C or more; or
(ii) lowering the pH below 6 for at least 1 hour;
(b) the condition that the milk or milk product has been produced at least 21 days before shipping and that during that period no case of foot-and-mouth disease has been detected in the Member State of origin;
1.3. HTST applied twice;
1.4. HTST in combination with one of the following:
(a) a subsequent physical treatment, by:
(i) a drying process, combined in the case of milk intended for feeding with additional heating to 72 °C or more; or
(ii) lowering the pH below 6 for at least 1 hour;
(b) the condition that the milk or milk product has been produced at least 21 days before shipping and that during that period no case of foot-and-mouth disease has been detected in the Member State of origin.
2.
Milk products must either be subjected to at least one of the treatments provided for in paragraph 1 or be produced from milk treated in accordance with paragraph 1.
3.
Whey to be fed to animals of species susceptible to foot-and-mouth disease and produced from milk treated in accordance with paragraph 1 must be collected at least 16 hours after milk clotting and its pH must be recorded as below 6,0 before transport to animal holdings.
4.
In addition to the requirements laid down in paragraphs 1, 2 and 3, milk and milk products must meet the following requirements:
4.1. after completion of the processing, every precaution must be taken to prevent contamination of the products;
4.2. the final product must be labelled so as to indicate that it contains Category 3 material and is not intended for human consumption, and
(a) packed in new containers; or
(b) transported in bulk in containers or other means of transport that before use were thoroughly cleansed and disinfected using a disinfectant approved for the purpose by the competent authority.
5.
Raw milk and colostrum must be produced under conditions offering adequate guarantees as regards animal health. Such conditions may be established in accordance with the procedure referred to in Article 33(2).
B.
Importation
1.
Member States shall authorise imports of milk and milk products subject to compliance with the following conditions:
1.1. they come from third countries appearing on the list in Part I of Annex XI;
1.2. they come from a processing plant which appears on the list referred to in Article 29(4);
1.3. they are accompanied by a health certificate conforming to the model laid down in Chapter 2 of Annex X;
1.4. they have undergone at least one of the treatments provided for in paragraphs 1.1, 1.2, 1.3 and point (a) of paragraph 1.4 of Part A;
1.5. they comply with paragraphs 2 and 4, and, in the case of whey, paragraph 3 of Part A.
2.
By way of derogation from paragraph 1.4, Member States shall authorise imports of milk and milk products from third countries so authorised in Column “A” of Annex I to Commission Decision 2004/438/EC provided that the milk or milk products have undergone a single HTST treatment and have been produced:
(i) either at least 21 days before shipping and that during this period no case of foot-and-mouth disease has been detected in the exporting country; or
(ii) have been presented at an EU border inspection post at least 21 days after production and that during this period no case of foot-and-mouth disease has been detected in the exporting country.
3.
Where a risk of introduction of an exotic disease or any other risk to animal health is identified, additional conditions for the protection of animal health may be established in accordance with the procedure referred to in Article 33(2).’
(2) In Annex X, Chapters 2(A), 2(B) and 2(C) are replaced by the following:
‘CHAPTER 2’
(3) In Annex XI, Part I is replaced by the following:
‘PART I
List of third countries from which Member States may authorise imports of milk and milk products (health certificate Chapter 2)
Authorised third countries listed in Annex I to Decision 2004/438/EC.’

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Source: https://www.legislation.gov.uk/eur/2008/437/annex (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-437/annex
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.